HomeMy WebLinkAbout72-31THE CORPORATION OF THE
TOWN OF BOWTiANVILLE
BY -LAW No. 72 -31
A By-law to amend Zoning By -Law No. 1587.
WHEREAS it is deemed desirable to amend Zoning By -Law Number 1587
as amended, of the Corporation of the Town of Bowmanville
NOW THEREFORE the Council of the Corporation of the Town of
Bowmanville pursuant to Section 35 of The Planning Act, HEREBY
ENACTS that By -Law Number 1587 as amended be further amended
as follows:
1. Sub- section 5.1 of Section 5 of By -Law 1587 as amended is
further amended by adding to the column entitled Zone the word
"Development "., and under the column entitled Symbol the symbol
"DI ', so that Subsection 5.1 of Section 5 shall read as follows:-
SECTION 5: ZONES
5.1 Classification
For the purposes of this By -law the following zones are hereby
established within the Town of Bowmanville:-
ZONE SQL
Residential
R
Commercial
C
Light Industry
M.1
Heavy Industry
M.2
Rural
A
Conservation
0
Development
D
2. By -law 1587 as amended is further amended by adding thereto a new
Section 9A, which section shall read as follows.
"SECTION 9A, DEVELOPMENT D ZONE
No person shall within any Development D Zone use any land, or
erect, alter or use any building or structure except in accordance
with the following provisions:-
- 2 -
9A.1 Permitted Uses
(a) Agricultural uses including one one - family
detached dwelling, but excluding uses which are
abnoxious to the public welfare including
poultry farms, mushroom farms, fur farms,
hatcheries, commercial greenhouses, commercial
dog kennesl, and piggeries or the raising of hogs.
(b) One - family detached dwellings existing at the
date of the passing of this by -law, and uses
buildings and structures accessory thereto.
9A.2 Regulations for ricultura� l Uses
(a) Minimum Lot Frontage 400 feet
(b) Minimum Lot Area 10 acres
(c) Maximum Lot Coverage 20 percent
(d) Minimum Front Yard:
(i) For dwellings and buildings accessory thereto,
30 feet.
(ii) For buildings and structures not included in
paragraph (i) of this clause, 100 feet.
(e) Minimum Side Yard
(i) 10 feet for dwellings and buildings accessory
thereto, except that the minimum side yard
abutting a public street shall be 30 feet.
(ii) For buildings and structures not included in
paragraph (i) of this Clause, 30 feet except
that the m'n.imum side yard abutting a public
street shall be 50 feet.
(f) Minimum Rear Yard
(1) 50 feet for dwellings and buildings accessory
thereto.
3
(ii) For bu4 Idi-ags azi st-
'Uctures not included in
pa=agra-ph W of this Clause, 50 feet except
that the mi-nimL-w. rear yard abutting a public
street shall be 100 feet.
Mini=m Floor -Area fo-- Duelling
(i) 1 stczey 950 square feet
(i4-) SD level. 0 7 It�re
600 square feet
minimum ground
Boor area.
r,,o cr cellar is provided the
applicable area shall be
increazed by 200 squs=e -feet.
(h) M im >> Heig';--it for a "I.riling 35 feet
9A.3 Regulations for En-1azgemeat af Ez-f-sting Dwellings
Permitted in Clause (b) of 3---bsection 9A.1
--.. .. 11 1
(a) Ma--ir-r=m Lot Cove rai.-Ye 20 per cent'
(b) Minimum Fr=..,t Yar l
(c) Minimum Side Y�;,. -I
30 feet
10 feet except as
provided for in
laragraphs (i) and
(ii) of this clause
(i) The m-L".L=m eids ya:d abut=-Lsg a public street shall
be 30 feet.
(ii) Cr? an 41--iteric---_^ lot no attached Uarage or att-n--ed carport
is prov,-Lded, -?:'ae mizriim,.m. s--'de yard on one side shall
be 15 fee-t,
(d) Mi.-,jimLI
,:I j,'P;--7 35 feet
(e) Maxim—m Height 35 feet
-4--
9A.4 Regulations for Accessory Buildings Permitted in Clause
(b) of Subsection 9_g.l
(a) Location - side or rear yard only
(b) Minimum Distance from Fain Building - 5 feet provided
that in no case shall any overhang, eaves or gutter
project into this required area which shall be clear
of any obstruction from the ground to the sky.
(c) Minimum Yard T'_ uirements:
(i) Except as provided in paragraphs (ii) and (iii)
of this clause, no accessory bui';.din„- shall
be located within 6 feet of a side or rear lot
line.
(ii) Notwithstanding the previsions of paragraph (i)
hereof, the minimum yard abutting a public streer
shall be 30 feet.
(iii) Notwithstanding the provisio -as of paragraph (i)
hereof, on a reversed coffer lot no accessory
building shall be located u*ith z 10 feet of a
rear lot line.
(d) Maximum Heigh :_ 15 feet
3. By -law 1587 as amended is further r;�ended by deleting therefrom
Section 14, entitled Rural Zone, and substituting therefore the
following : -
SECTION 14, RU: -" -- A ZONE
14.1 Permitter? Uses
(a) Agricultural uses including one one -- family detached
duelling, but excluding uses which are obnoxious
to the public welfare including poultry farms,
mushroom farms, fur farms, hatcheries, commercial
dog kennels, and piggeries or the raisin, of hogs.
0 5 -
(b) Oae faai ly detached dwellings existing at the date of
the passing of this by «lati,7, and uses buildings and
structures accessory thereto,
14,2 Regulations for ligricultural Uses Permitted in Clause (a)
of Subsection 14.1
(a) Mini mum Lot Frontage 400 feet
(b) Minim-1r! Lot Area
10 acres
(c) Maximum Lot Cover a ;e 20 percent
(d) Minimum Front Yard;
(i) For dwellings and buildings accessory thereto
30 feet.
(ii) For buildings and structures not includc�3 in
paraSraph (i) of this clause, 100 feet.
(e) Minimum, Side Yard:
(i) 1-0 feet for dwellings and buildings accessory
thereto, except that the minimum side yard
abutting a public street shall be 30 feet,
(ii) For buildings and structures not included in
pa,ag raph (i) of this Clause, 30 feet except that
the minimum side yard abutting 'a public street
shall be 50 feet.
(f) Minizaum .gear Yard:
(i) 5^ feet -far e7r--flings and buildings accessory
therozoo
(ii) For buildings and structures not included in
pa_ugraph (i) of this Clause, 50 feet except that
the min nrulm rear yard abutting a public street
shall be 100 feet,
- 6 -
(g) Minimum Floor Area for Dwelling:
(i) 1 Storey 950 square feet
(ii) Split level or more
than 1 storey 600 square feet
minimum ground
floor area
Where no basement or cellar is provided the applicable
minimum floor area shall be increased by 200 square
feet.
14.3 Regulations for Enlargement of Existing Dwellings Permitted
in clause (b) of Subsection 14.1
(a) Maximum Lot Coverage 20 percent
(b) Minimum Front Yard
(c) Minimum Side Yard
30 feet
10 feet except as
provided for in
paragraphs (i) and
(ii) of this clause:
(i) The minimum side yard abutting a public street
shall be 30 feet.
(ii) On an interior lot where no attached garage or
attached carport is provided the minimum side
yard on one side shall be 15 feet.
(d) Minimum Rear Yard 35 feet
(e) Maximum Height 22 storeys
14.4 Regulations for Accessory Buildings Permitted in clause (b)
of Subsection 14.1
(a) Location - side or rear yard only
(b) Minimum Distance from Main Building - 5 feet provided
that in no case shall any overhang, eaves or gutter
project into this required area which shall be clear
of any obstruction from the -round to the sky.
- 7 -
(c) Minimum Yard Requirements:
(i) Except as provided in paragraphs (ii) and (iii)
of this clause, no accessory building shall be
located within 6 feet of a side or rear lot lines
(ii) Notwithstanding the provisions of paragraph (i)
hereof, the minimum yard abutting a public street
shall be 30 feet.
(iii) Notwithstanding the provisions of paragraph (i)
hereof, on a reversed corner lot no accessory
building shall be located within 10 feet of a
rear lot lines
(d) Maximum Hei -ht
15 feet
4. Maps 1, 21 3 and 4 of Schedule 14Att to Zoning By -law Number 1587
as amended are hereby further amended by changing the land use
designation of certain lands to D (Development Zone) and to
A (Rural Zone) so that the said Maps 1, 2, 3 and 4 as mended
by this By -law shall be amended as shown on Schedule A appended
and forming part of this By -law.
5. No part of this By -law shall come into force without the
of the Ontario Municipal Board but subject thereto this By -law
shall take effect from the date of its passing.
By -law read a first, second and third time and finally passed
4 on this fourth day of July, 1972.
(Signed) J, 11. Mcllroy
Clerk - Administrator
Mayor
r rte( i
r
-igned) Ivan W
Hobbs
Mayor
Form 21 —IZA
Ontario 416/965 -1912 123 Edward Stroet
Municipal Toronto Ontario
Board M5G 1 E5
October 22, 1973
r-Mr. J .M. McIlroy Quote File Number
Clerk - Administrator S 33_
Town of Bowmanville
40 Temperance Street
BO- v1FDJAN`VILLB, Ontario.
LLlC 3A6
Dear Sir
Re: Town of BoT ,,rmanville - Restricted
Area By -law 72 -31 as amended by
By -law 73 -25
Enclosed is a copy of the Decision of the Board
dated the 22nd day of October, 19 73,
with respect to the above - mentioned application.
:vj
encl.
Yours truly
C. Saruvama
Supervisor
Planning Administration
FR _EC�E I �VE D
1N THE MATTER OF 3ectl= 35
Act
55 )) applica-
tion by T; o Corporation of
.IC Wann of DoF,.,T,. `%'l' i l._ o zor
?PrDyn! of its Owuricta"!
i Y j l ...w U-5
Octobert 19733,
1
T z? > AFFLICATION h avinE come on for public hearin ;
on tho 10th day, of Otto o g 1973 at the Town d
the hoard ha7in� rcHcrved it:-, decision i—,qtil this
GUY;
7 y?
o, i.7UAAD t`, . t By-law 72-31 as amended by
By -law 73-25 are hereby approved.
i
a i_.Lo R O M 1
' i.
3 JL
5.33
Y
Vt N�EYtsi o[ii
ONTARIO
ONTARIO MUNICIPAL BOARD
IN THE MATTER OF Section 35 of
The Planning Act (R.S.O. 1970,
c. 349 )
- and -
IN THE MATTER OF an application
by The Corporation of the Town
of Bowmanville for approval of
its Restricted Area By -law 72 -31
as amended by By -law 73 -25
C O U N S E L
A. A. H. Strike - for the Town of Bowmanville
Harry Raymond - for Hillwood Investments
DECISIO14 OF THE BOARD delivered by D. S. COLBOURNE
These applications affect an area of land in the northern section
of the municipality, all of which has been shown in more detail as
Stage 2 Development lands on Map 1 of the official plan filed as
Exhibit 2. The first application, By -law 72 -31 adds to the present
by -law a D, Development zone category and sets out the uses and
regulations which attach thereto. This by -law also changes the existing
Rural A category. Permitted uses and regulations are similar, with some
exceptions to those of the aforementioned Development category. The
second noted application, By -law 73 -25, amends the area requirements of
a Rural A use, increasing the required parcel size from that stipulated
in By -law 72 -31 to a minimum area of 25 acres. By -law 73 -25 also changes
certain lands shown as D in the first application to 0, Open Space, to
reflect certain hazard boundaries determined in accordance with a study
undertaken by the Central Lake Ontario Conservation Authority in 1967,
specifically affecting the lands surrounding the Bowmanville and Soper
creeks.
The applications implement the policies set out in the official
plan filed as Exhibit 2, which was given ministerial approval in April
of 1973 and which, as previously indicated, designates the lands covered
by the applications as Stage 2 on Map 1 "Urban Development Area Staging
and Servicest0.
S.33 2.
To date,the evidence indicates, the planning studies which
necessarily involve the servicing aspect have directed themselves at
a 20 -year plan population of some 15,000 persons expected by 1988. The
engineering evidence indicates that the present capacity of the sewage
treatment plant and the capacity of and source of water supply have
been directed to this planned population and that for that population
there is ample facility. The planning evidence does indicate, however,
that within what is shown as Development Stage 1, Map 1, of the official
plan, with the present population estimated to approximate 9,300 persons,
and those areas which are presently under approved plans of subdivision,
partly developed or under development (being those areas indicated on the
plan filed as Exhibit 3) there would be upon completion of the development
therein a population in excess of the 15,000. It is obvious then, that
the purpose of the applications is to control further development in the
Stage 2 area by placing upon the lands within that area the categories
of Development or Rural which permit very limited residential use.
Dealing with the objections, the first is that of Hillwood Investments,
who own an area totalling 25 acres in the Scugog Road area. The extent
of their lands lying to the east of Scugog Road appear to be no problem.
The submission of counsel for that owner was that the lands lying west
of Scugog Road should be designated Development rather than Agricultural
as proposed in the present application. Counsel for the owner indicated
that there are presently no plans relating to those lands west of Scugog
Road. The present official plan designation indicates the lands as
Agricultural and the zoning proposed for those Lands is Rural.
The Board is of the opinion that this is an appropriate category
sought by the municipality as it affects these lands. There are presently
no plans for development and any plans for development of a residential
or other nature would necessarily involve not only an amendment to the
by -law but also an amendment to the official plan. There will be no
change in respect of those lands of Hillwood Investments therefore lying
west of Scugog Road.
A further objection was that of Elmer T. Banting who owns an area
of land presently developed for residential purposes of approximately
4 acres located at the western end of Frederick Avenue. There was
S.33 3.
concern as to the delineation of Open Space or
his holdings. The evidence of the planner was
for that category was developed as a result of
Ontario Conservation Authority in 1967 and the
the zoning by -law was the planner's interpreta
lines established by that study. The evidence
Hazard lands as they affect
that the line of demarcation
studies by the Central Lake
plan finally arrived at for
tion of the Hazard land
also indicates that there
is to be a study in 1973 -74 by the same Authority to more ciearl§ delineate
S
the actual extent of the boundaries of such Hazard lands. The submission
of the owner, Mr. Banting, was to associate at least part of the lands
designated as Hazard or Open Space lands with some residential development
which might take place to the west of his lands and also, with a. view to
perhaps developing an additional residential lot out of his own holdings.
Since there are no imminent plans for development either of this individual's
lands or those to the west, the Board is of the opinion that it is
appropriate that the further studies be undertaken to determine the actual
lines which are expected in the near future, and the Board therefore will
not alter the line of demarcation as it affects these lands.
There was a further submission in respect of an area of land in the
ownership of penwest Developments, Schickedanz Developments Limited and
W. Frank Real Estate Limited, the extent of which lands are outlined on
Exhibit 4, being those lying to the south of Concession Street. The
submission by the planner on behalf of these owners relates to the line
of demarcation of the Hazard lands in that particular area and affects an
area of 12 acres, shown as the area of objection on Exhibit 4. What is
proposed by the planner for the developer is to alter the lines of
demarcation in accordance with their recommendations which apparently
also have some further governmental approval, which alteration would
facilitate the development of their lands in this immediate area in
accordance with a plan already devised, but which has not been submitted
to the municipality. The extent of the evidence adduced is not sufficient
to enable the Board to alter the boundaries of such a category. Since__
studies are to be undertaken to actually determine the boundaries and
since some apparent agreement is suggested between provincial authorities
and the owners perhaps this will assist and shorten the studies of the
Central Lake Ontario Conservation Authority. In any event it is more
S.33
4.
reasonable that such final demarcation be made in conjunction with a plan
of development which has a more formal and final status than a mere
proposal. The Board therefore will not direct any change in respect of
these lands.
A further submission on behalf of Schickedanz Developments Limited
affects a 47 -acre parcel of land located south of Concession Street and
east of Mearns Street, which lands are designated in the land user plan,
Map 3, of the official plan as Residential. The by -law proposes to place
these lands in an Agricultural category and the objection is that the
proposed category is not in conformity with the official plan. It is however
to be noted that the lands of Schickedanz Developments Limited in this
area, are located in the Stage 2 Development area and the uncontradicted
engineering evidence is that there is no further capacity for major
development beyond Stage 1 until further studies are made for expansion
of present facilities. The official plan also provides, on Page 10
under General Development Policies, that it would permit the zoning of
lands designated in the official plan for specific uses in an agricultural
or development category pending rezoning when council is satisfied that
the resulting development will be desirable, adequately serviced, and not
premature. There is ample authority within the official plan text for
the proposal by the municipality. The evidence is clear that the services
are not available to serve the extent of these lands and the Board will
therefore approve the application in respect of those lands.
There was the further objection of Mr. Berkley in respect of an
area of land bounded by Liberty, Concession and Mearns Streets, being
that area surrounding the "School Complex" as shown on Map 3, Exhibit 2.
The lands are designated for residential use in the official plan to be
placed in a D, Development category in the subject application. The
objector on behalf of other owners within that area suggests the proper
designation should be residential, having regard to the proximity of
educational, recreational and downtown facilities and the proximity to
present services. The official plan text and the maps do not appear to
disagree with the suggestions of the objector, except to one extent, and
that is the timing of development, and suggests that these lands be in
Stage 2. In respect of the adequacy of the facilities to accept waste
S.33
5.
disposal and provide water, the evidence is clear that the development
of the scale possible in a residential category within the area of lands
suggested could not be supported by the present facilities.
The intent of the applications, as previously indicated, is to
control and stage development in accordance with the availability of
services and in recognition of the financial viability of the municipality.
The evidence clearly indicates that this application is a proper Ione and
having considered the individual objections, the Board will approve the
applications as submitted.
DATED at Toronto this 22nd day of October, 1973.
D. S. COLBOURNE
MaIBER
LOT 14 LOT 13 LOT 12
■ ®mss ■t ®.. � ®s11• _� _� ■_� ®
bait
._ - ®E ■Emil
- Mwwjn
f �.o.
,
y _
4
�F
' car
o
cl
CON I
Mv
�' � Lis' U ✓/, f �, � �� � `:
,
4 =
l t
_ L ,
r
Li
C
� c
i � •.� �.e>K =off 5+
,u
� � � � /t ••,, " � 7-, £6511 Ar,t,r
O
I �jl i', L:�
tom- ,
_
Ir
mm wqw
ii
j
o
„
i
rs -
J
i
� 7D +: EaSC1i A1`i.
u
c-
r ,
a
a
_-A
ij
Lf
,
O _
j
W
. 7
x
y -
n �
w< r-
A.
its fi �
r'
r
r � �
n..
75-
ti
Y
11 x
t',
\ \ � 'may
t_
1 — t
CON
J, i (�
• 1 � ' 7
THIS IS SCHEDULE "A" TO
PASSED THIS DA
MAYOR ll
TOWN OF B
HITS OF LANDS INCLUDED IN
400 80
LOT 12 LOT 11 LOT 10
w.. �I
oia �
so
\ a .
* Q s
r ,
r -
, f ,
. y
� r
M
\
a
0 R t ft a RIO
I
.t
n
i.
—1
- vy
y .jam w,
cl r
L
� r .
ca,
• � it :
-w
m MAm
,
.; 1I
_ tatt4c" fia. 4 Y .
1 4
t
E � t
: rt
\i
�[k n D
NJ
1 �
�V
r
swc
(_7Tj
,
C
¢
M
't
1 `
N 1
l
} i
r
� u
{
EN�.Jjy
. Q
,
1 -
.�.-
i
! i
i
fit..
r
ry
aca
>i yr
r
,
r
Set-d at. / '�
L
1 _,
I
n
1
p n a C
1 '
*9t. •. FiraT A 1,01
J IL
l
,
1 j i tttrrrr
,
-
IJ
,
[a xv
LL i i �Q
g
{ }
f rY i � � ..d'.T �",... 1 �! i, `'z�"'t '�, _� _ ._ •._, L _ —i t.,-'
4.✓
1M �
Y —
M•
}
�7
r, r
f, Q11
a t
Jt '
u
7 0
� II
l � ,
, .
,
f
_ .
• �, `.,' .; +� '\` f� 'i r, t ' t![Ydis"!}'tiwii. i
,
v a, A fC? pct a
�•�Y. U �, o u� G
,
} '� s f } ', � y tom`. � h • i� - - 1 - a c a o
� -
LII
4 ��> `` r I, r •�t''c,,s ^ �"���� `-' - r .J2 `�Wt�y" .�? ^'�c S„ � fy �, J ` l ''
` ` ,.4 •,. !, ' • ` t � , � t`r .. f 5i �.^\ � `;?..\- � /yam �?�C.ri D °C.� � f_: o � � n 1';
\ V
THIS IS SCHEDULE "A" TO BY -LAW �: � ,, Li
PASSED THIS DAY OF 1972 -
L— — — L
ED w
1J
MAYOR CLERK ADMINISTRATOR �{ �Q n ,� �o r n
TOWN OF BOWMANVILLE A
LIMITS OF LANDS INCLUDED IN BY- LAW C L_ ( J
?00 0 400 800 1200 •v PL)
9.®
Ja
- e
t
. o _
t u
i
n
y N i
G
-
Aw rt
-- :o R C'
o\ I ID R
fop
LD
.. \.., •.... ,oO e: '+. w t0 % I , to .
tf i
0
- - k
R
CON
.
- R C7�
yam- ;: •r j +,• '- _''.�"` t - _ _/ , _ �.. � Q❑
{
{j(,
t I
t.
J ,•
" 1
,r
s � -
4
* _
ss.
It
oRMARC
Rf I�
cz
r
�� X x�
A •
f0}
® ( X19
i
a '
❑
e
e ,
>� 1
v
t \ s •
* w
17 t CON
•' _� �. C
11 El `
>.. o
r
C...7 n. -
_� o c u
s �� ❑lam /,�� c> �•� r